GIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Revision Petition is directed against the concurrent decision of two Courts below as per which Gian Singh, petitioner was convicted under Section 61(1)(a) of th Punjab Excise Act and was sentenced to six months Rigorous Imprisonment and a fine of Rs. 1,000/ -. In default of payment of fine the petitioner was ordered to undergo further Rigorous Imprisonment for one month.

(2.) ACCORDING to the case of the prosecution, Assistant Sub -Inspector Sita Ram (P.W.2) accompanied by Excise Inspector Surjit Singh (P.W.1) and some other officials was proceeding on the bank of River Sutlej from the side of Village Manewal Sholay on patrol. The party associated with them Kapoor Singh son of Harnam Singh, Member Panchayat. When the party reached near the Government Seed Farm, the petitioner along with two other persons was seen coming from the side of Jhugian Gulab Singh. They were apprehended. The petitioner was found carrying a rubber tube on his cycle and on inspection of th same, the tube found to be full of illicit liquor. The contents of the tube were converted into 25 bottles of 750 mls each. A sample measuring 180 mls. of liquor was also taken separately and sealed. It is stated that in spite of this recovery, the petitioner was allowed to go away on furnishing a personal bond.

(3.) THE petitioner in his statement under Section 313, Code of Criminal Procedure, denied the prosecution allegations and attributed his false implication to Kapoor Singh, Member Panchayat. He also denied having thumb -marked the personal bond Exhibit DI at the spot. The petitioner was, however, convicted and sentenced as noticed above.